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Voting is perhaps the most fundamental of all rights. It is the foundation of our democracy.
People with mental health disabilities are often denied the opportunity to vote on the grounds that they are not “competent” to cast a ballot. Some states have laws forbidding people under guardianship from voting, regardless of whether they are competent to do so. Sometimes poll workers, election officials, and even service providers prevent people from voting by imposing their own “competence” standards that have no basis in law.
Under federal law, a person cannot be barred from voting because of “incompetence” except in very limited circumstances. As a rule, if a person is competent enough to go to the polls and vote, or to complete an absentee ballot, federal law requires that the person be allowed to vote.
Voting may also be difficult for other access issues. For example, someone with PTSD may have difficulty with enclosed voting booths. Other disabilities may make it difficult for someone to exercise their right to vote without accommodations. There are procedures established in each State to ensure everyone can exercise their right to vote. Allies may also assist in creating accessible voter spaces by volunteering at the polls to welcome and assist others.
U.S. Justice Department Guidance on Federal Law Regarding Voter Registration (Link) (09/09/2024)
U.S. Justice Department Guidance and Resources on the Rights of Voters with Disabilities (Link) (04/18/2024)
Vote.Gov: Voting with a Disability, General Information on Accommodations for Voting (Link)
National Coalition on Accessible Voting (NCAV) Voter Access Guide for Election Officials (Link) (2024)
Mental Health America (MHA) Election Mental Health Resources (Link) (2024)
Patient Voting – A Program of Vot-ER
*Please note that there may have been changes in your state since these resources were published.
Blog Post: Know Your Rights: Your Vote Counts (Link) (09/20/2022)
Toolkit: Restoring the Voting Rights of People Under Guardianship (PDF) (02/08/2022)
Voter Guide (Plain Language): It’s Your Right. A Know-Your-Rights Guide for Voters with Mental Disabilities and Advocates (PDF) (Updated 10/16/2020)
Voter Guide: It’s Your Right. A Guide to the Voting Rights of People with Mental Disabilities (PDF) (Updated 10/16/2020)
Chart of Voter Competence Laws (PDF) (10/16/2020)
Chart of State Laws on Voter Challenges (PDF) (10/16/2020)
Summary and Links to Guardianship and Conservatorship Forms Provided by State Courts (PDF) (10/16/2020)
Absentee Ballot Requirements by State (PDF) (10/16/2020)
Testimony to the Presidential Commission on Election Administration (09/04/2013)
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